SDV Insights

Insurance Cases to Watch in the Second Half of 2016

Today’s edition of Insurance discusses a number of the cases we have been covering in the SDV blog. Partner Gregory D. Podolak was quoted on the following cases:

On Sebo v. American Home Assurance Co. Inc.

The case offers the Florida Supreme Court the chance to clearly articulate whether the concurrent cause or efficient proximate cause should govern first-party property insurance cases in the state, said Saxe Doernberger & Vita PC partner Greg Podolak, noting that courts across the country have been split on the issue. 

“That has left some confusion about what the rule is, and whether it is universal or fact-specific,” Podolak said.


On Cypress Point Condominium Association v. Adria Towers

“Especially in construction, this line of cases across the country has become ‘critical issue number 1,’ ” said Podolak, whose client Turner Construction Co. filed an amicus brief in support of Cypress Point. “How courts in a jurisdiction have handled the faulty workmanship issue can dictate how a company strategizes their risk transfer scheme for all the work they’re doing in a particular area. If there is favorable law on the issue in one jurisdiction, a company may take a different approach than if there is unfavorable law.” 


On Altman Contractors v. Crum & Forster Specialty Insurance Co. – 

Conversely, Podolak said that if the district court’s decision is affirmed, policyholders faced with construction defect claims could be forced to eschew the Chapter 558 process and go to court in order to secure a defense from an uncooperative insurance company. 

“The district court decision tells a policyholder, from an insurance perspective, that it would be better off not responding and waiting to be sued,” Podolak said.

To read the entire article, click here.


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